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Qualifying Conditions

Long-Term Disability Benefits for Depression and Anxiety

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Current statistics show that 1 in 5 U.S. adults suffers from a mental illness each year. Depression and anxiety can significantly interfere with a person’s ability to work, and while long-term disability (LTD) benefits are designed to protect income during these periods, obtaining benefits for mental health conditions is often difficult. However, it is possible to receive LTD benefits if you suffer from depression and anxiety.

In this article, CCK Law will discuss:

  • How depression and anxiety can affect an individual’s ability to work
  • How to file a claim for LTD benefits
  • Mental health limitations in long-term disability insurance policies
  • Reasons insurance companies deny mental health claims
  • How an attorney can help a claimant with a mental health claim
Who We Are: Chisholm Chisholm & Kilpatrick is a leading public interest law firm based in Providence, Rhode Island. Since 1999, we’ve been helping long-term disability claimants get the benefits they need, and we may be able to help you, too. We can assist at any stage of the claim and appeal process.

How Depression and Anxiety Impact a Person’s Ability to Work

Mental health conditions are common among those living in the United States. Two of the most common are depression and anxiety. Although these conditions can occur at the same time, they each have their own set of symptoms and causes.

  • Depression: A serious mental health condition that affects how a person thinks, feels, and functions. This condition is more than temporary sadness or low mood. It can cause persistent feelings of hopelessness, loss of interest in activities once enjoyed, and more. Clinical depression—such as “Major Depressive Disorder” (MDD)—can significantly impair daily life and the ability to work reliably.
  • Anxiety: A mental health condition characterized by excessive worry, nervousness, or fear that is difficult to control. These feelings can interfere with daily activities. Occasional anxiety is a normal stress response, but chronic anxiety disorders—such as “Generalized Anxiety Disorder” (GAD)—can cause ongoing physical and cognitive symptoms.

Other symptoms that frequently occur with clinical depression and anxiety disorders include insomnia; feelings of worthlessness; excessive guilt; thoughts of death and suicide; decreased ability to think, concentrate, and make decisions; muscle tension; jaw pain from grinding; restlessness; and more.

Symptoms of Depression and Anxiety That May Qualify You for LTD

One of the most common effects of both depression and anxiety is difficulty with concentration and decision-making. This can be particularly challenging for individuals who work in occupations that require sustained attention and high-stakes judgment.

For example, a surgeon may find it harder to focus during long procedures, increasing the risk of errors. Similarly, a corporate executive or analyst might struggle to process complex data or lead strategic meetings.

Both depression and anxiety can cause insomnia. Poor sleep directly affects memory, concentration, and stamina. This can lead to mistakes. For example, a software developer may make frequent mistakes while coding or miss critical updates.

The Definition of Disability

To receive long-term disability benefits for depression or anxiety, a person must prove that the symptoms impair them under the definition of disability present in their insurance policy.

Definition of Disability in Long-Term Disability Policies Explained

An individual’s LTD insurance policy will have either an “own occupation” or an “any occupation” definition of disability. In short, an own occupation definition stipulates that a person must be unable to perform the duties of their own occupation to receive benefits; an any occupation definition stipulates that a person must be unable to perform the duties of any job whatsoever to receive benefits.

If a person cannot prove that their depression or anxiety disabled them under the terms of their policy, then their insurer can deny their claim for benefits.

Mental Health Limitations in LTD Insurance Policies

Many long-term disability (LTD) insurance policies include mental illness limitation clauses, which may restrict benefits for conditions such as depression and anxiety to 24 months, even when the individual remains disabled beyond that period. In these cases, benefits may be automatically terminated after two years.

These limitations are often outlined in vague or complex terms, which insurers may interpret narrowly to reduce or deny benefits. This is why legal representation can be critical in mental health-related LTD claims.

What Is a Mental/Nervous Limitation in an LTD Policy?

Depending on the specific terms of the LTD policy, claimants who are disabled due to a mental health condition may continue to receive benefits beyond the limitation period, such as if they are receiving inpatient treatment at the time the limitation would otherwise expire or if they have a co-existing physical condition that also renders them totally disabled.

Why Insurers May Deny LTD Claims for Depression and Anxiety

Long-term disability claims for mental health conditions like depression and anxiety are often subject to greater scrutiny by insurance companies. Unlike physical conditions, these claims typically rely on self-reported symptoms and clinical observations, which insurers may view as subjective.

Top 3 Reasons Mental Health Long-Term Disability Claims Are Denied

Common reasons for denial include:

  • Lack of objective medical evidence – Since depression and anxiety don’t appear on imaging or lab tests, insurers may claim there’s not enough “proof” of disability.
  • Inconsistent treatment – Gaps in treatment or irregular appointments can suggest to insurers that the condition isn’t severe or ongoing.
  • Insufficient documentation – Medical records that don’t clearly connect symptoms to work-related limitations can weaken a claim.
  • Failure to meet the policy’s definition of disability – If the insurer believes the claimant can perform their own or another occupation, they may deny benefits.
  • Mental health limitation clauses – Some policies cap benefits for mental health conditions at 24 months, even if symptoms persist.
  • Surveillance or social media monitoring – Insurers may use video surveillance or online activity to argue that a person is more functional than reported.

Tips to Strengthen a Depression and Anxiety Long-Term Disability Claim

There are several ways claimants can strengthen their LTD claims for depression and anxiety. These include:

  • Maintain regular treatment and follow all provider recommendations
  • Keep a symptom journal with details of how they affect daily tasks
  • Ask doctors to document how your condition affects your ability to work
  • Avoid making social media posts that could be misinterpreted by insurers
  • Get outside expert opinions, such as a neuropsychological evaluation or a vocational evaluation

It can also be beneficial to contact a long-term disability attorney who can help you with your claim. If the insurance company denies your claim, then an attorney can also help with your appeal and, if necessary, lawsuit.

How CCK Law Can Help with Depression and Anxiety LTD Claims

Successfully navigating these challenges often requires legal assistance. Insurance companies often fail to recognize how profoundly depression and anxiety can impact a person’s ability to work. At CCK Law, we understand the unique challenges of these conditions and have extensive experience handling long-term disability (LTD) claims related to mental health at every stage of the process.

Why It's Important To Have a Lawyer Help With Your LTD Claim

Our team is well-versed in ERISA regulations, Department of Labor guidelines, and the nuances of LTD policies. We help clients build strong claims or appeals by focusing on what matters most: clear, thorough documentation and credible medical support.

Here’s how we support mental health-related LTD claims:

  • Coordinating with treating doctors to ensure records include:
    • Exam findings and diagnoses
    • Medication changes and side effects
    • Detailed symptom descriptions
    • Functional limitations caused by mental health conditions
  • Obtaining the full claim file from the insurance company to identify errors, gaps, or biased assessments.
  • Collecting supporting evidence, including:
    • Medical records
    • Physician reports
    • Witness statements
    • Expert evaluations, such as neuropsychological exams to measure cognitive impairment
  • Drafting persuasive appeals based on a complete and well-documented record—especially critical in ERISA-governed claims, where the appeal may be the last chance to submit new evidence before litigation.

Call CCK Law Today

For over 25 years, CCK Law has been helping long-term disability claimants get the benefits they need, and we may be able to help you too. Call us today at (800) 544-9144 for a free case evaluation with a member of our team. We will analyze your case and determine if we can assist.

Why LTD Claims Get Denied